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by jacques_chester
4881 days ago
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First to file doesn't change prior art. It's easy to imagine lots of horrid scenarios. In practice these are rare. What's more common, and much more expensive, is patent "interference" cases. The US patent system has imposed de facto bookkeeping requirements on inventors anyway. It's just that instead of being called a "patent", it's called "inventor's logbooks". There's an analogy here between common law title and Torrens title systems. Yes, Torrens has stunning failure modes. But they are rare and easily repaired compared to having to hope somebody, somewhere, doesn't have a scrap of paper you didn't know about. (IANAL, TINLA) |
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